HomeMy WebLinkAbout1994-01AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT
REGULATIONS (LDRS): CHAPTER 901,`DEFINITIONS; CHAPTER
904, NONCONFORMITIES; CHAPTER 911, ZONING; CHAPTER 912,
SINGLE FAMILY DEVELOPMENT; CHAPTER 917, ACCESSORY USES
AND STRUCTURES; CHAPTER 925, OPEN BURNING/AIR CURTAIN
INCINERATOR REGULATIONS; CHAPTER 932, COASTAL MANAGEMENT;
CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USE CRITERIA;
AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,
CODIFICATION, SEVERABILITY AND EFFECTIVE DATE.
BE IT ORDAINED by the Board of County Commissioners of Indian River
County that the Indian River County Land Development Regulations
(LDRs) be amended as follows.
SECTION 1: Burning of Landclearing Debris
SECTION 1A. Section 901.03 is amended to delete the definition of
"Private land clearing debris burning facility" as follows:
SECTION 1B. A portion of the section 911.06 use table is hereby
amended to delete the "Private land clearing debris burning
facilities" category, as follows:
SECTION 1C: Section 925.04(6) is hereby amended to read as
follows:
(6)(a) Except for transportation to sanitary landfills which are
permitted and approved in accordance with Chapter 403,
Florida Statutes, and Chapter 17-701, Florida
Administrative Code, or debris transported to other
disposal or recycling facilities approved by the county
as burn, recycling, or disposal sites, m and except as
allowed under section 925.04(6)(b) and (c), below, it is
unlawful to transport land clearing debris from one
parcel to another parcel.
(b) Landclearing debris generated from a parcel(s) may be
transported to a parcel(s) under the same ownership as
the debris -generating parcel(s), or to a parcel owned or
leased by the land clearing' contractor who conducted the
land clearing, and incinerated under the provisions of
this ordinance (Chapter sections 925.05-925.09.
(c) The Board of County Commissioners may authorize and
establish temporary burn sites and facilities in cases of
emergencies, such as hurricanes and freezes, that
generate heavy demands for disposal of vegetative debris.
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
u
AND Section 925.07(3) is hereby established to read as follows:
(3) Temporary landclearing'debris air curtain incinerator sites
may be approved if the following requirements and standards
are met:
A scaled drawing is submitted noting the number of estimated
daily project trip ends, and showing the proposed site, burn
pit area, debris storage (stockpile) area and dimensions,
required set -backs, driveway accessing the burn pit area,
access to surrounding roadways, primary haul route, setbacks
to occupied structures, type of incinerator and location of
incinerator set-upe The scaled drawing is not required to be
prepared by a professional engineer or surveyor. If the
project is estimated to generate more than twenty (20) trip
ends per day, then the access to surrounding roadways, and
primary haul route must be approved by the public works
director as adequate to handle the volume and type of
anticipated traffic in relation to the site, surrounding
areas, and affected roadways.
(b) The burn permit shall be valid for a period of no more than
180 days on any given site in any one year period.
(c) The site shall have direct access to either a thoroughfare
plan road or a local road that has a traffic volume of less
than forty (40) trip ends per day at the time of permit
application.
If the project is estimated to generate more than twenty (20)
trip ends per day and if any of the debris hauling routes)
associated with facility operation is over county maintained,
unpaved roads, then the applicant must escrow with the public
works department $1,000.00 for extraordinary roadway
maintenance for every 20 daily project trip ends. At the end
of the permit period if the public works department determines
that no extraordinary road maintenance was performed or is
required due to the project operation, then the department
shall return the escrowed funds to the applicant.
(e) Burn pit area Burn pit areas shall meet applicable zoning
district setbacks, shall be located at least one hundred ( 100 )
feet from any tree line or brush line, and shall at all times
be located within fifty (50) feet of an all weather roadway
surface sufficiently compacted and maintained to accommodate
fire vehicle and apparatus movement.
Debris storage (stockpile) areas.
1. Individual stockpiles shall have a maximum base dimension
(at ground level) of fifty ( 50 ) feet by one hundred ( 100 )
feet, and a maximum height above ground level of fifteen
(15 ) feet. A minimum twenty ( 20 ) foot wide fire lane
shall be maintained between individual piles. Where
individual stockpiles are located within one thousand
(1,000) feet of a fire hydrant, measured in the manner
that a fire hose is laid, such stockpiles shall have a
maximum base dimension (at ground level) of seventy-five
(75) feet by one hundred twenty-five (125) feet and a
maximum height above qround level of thirty (30) feet.
2. Individual stockpiles shall meet applicable zoning
district setbacks, shall be located at least one hundred
(100) feet from any brush or tree line, and at least one
hundred ( 100) feet from the nearest edge of the burn pit.
Coding: Words in . • -• • type are deletions from existing law.
Words underlined are additions.
2
(3) Private land clearing debris burning facilities (special
=xception).
a) Districts requiring special exception approval (pursuant t
the provisions of 971.05): A-1, A-21 A-3.
(b) Additional information requirements: A site plan meeting all
the requirements of Chapter 914, which shows: The locatior
and specification of all screening materials; the location anc
designation of all thoroughfare roads which serve the site;
and occupied structures within five hundred (500) feet of the
burn area; the location of proposed stockpiles and the burr
areas and all required setbacks.
1. There shall be, at minimum, a five hundred -foot
separation distance between the burn area of the facility
and any occupied structure in existence at the time of
the site plan application.
The use shall be limited to property with an AG -1. AG -21
or AG -3 land use plan desiqnation.
3. The facility shall have direct access to a thoroughfar
plan road, or direct access to a non -thoroughfare pla
road that has a traffic volume of less than forty (40
trips ends per day.
No debris storage or burn area shall be within three
hundred (300) feet of any property line.
Prior to site plan release the applicant must provide the
county a copy of the appropriate Florida Department of
Environmental Regulation (FDER) permit or other written
approval or letter of no objection from FDER for the
proposed project.
debris
burning
facilities.
(c) Criteria for land
clearing
be
by the Indian
River Count
1. There shall be, at minimum, a five hundred -foot
separation distance between the burn area of the facility
and any occupied structure in existence at the time of
the site plan application.
The use shall be limited to property with an AG -1. AG -21
or AG -3 land use plan desiqnation.
3. The facility shall have direct access to a thoroughfar
plan road, or direct access to a non -thoroughfare pla
road that has a traffic volume of less than forty (40
trips ends per day.
No debris storage or burn area shall be within three
hundred (300) feet of any property line.
Prior to site plan release the applicant must provide the
county a copy of the appropriate Florida Department of
Environmental Regulation (FDER) permit or other written
approval or letter of no objection from FDER for the
proposed project.
7. A Type "A" buffer must be provided on all boundarie
-abutting residentially used or residentially designate
property.
The volume of stockpiled land clearing debris on sit
shall not exceed the thirty -day burn volume capacity o
the incinerator. The site plan application shall; sho
how the volume of all stockpile areas on the site:shal
be limited to the thirty -day burn volume capacity of th
incinerator.
9. If any of the debris hauling route(s) associated with
facility operation is over county maintained, unpaved
roads, the applicant must maintain that section of the
hauling route during the debris hauling activity, and
security for this purpose may be required, as determined
by the county engineer. The provisions of section 934.09
of the county excavation and mining ordinance shall apply
to debris hauling activities associated with debris
burning facilities, in the same way saidprovisions apply
to excavated material hauling activities associated with
minina operations.
be
by the Indian
River Count
6. The facility
must
approved
Solid
Waste Disposal
District
(SWDD) Board.
7. A Type "A" buffer must be provided on all boundarie
-abutting residentially used or residentially designate
property.
The volume of stockpiled land clearing debris on sit
shall not exceed the thirty -day burn volume capacity o
the incinerator. The site plan application shall; sho
how the volume of all stockpile areas on the site:shal
be limited to the thirty -day burn volume capacity of th
incinerator.
9. If any of the debris hauling route(s) associated with
facility operation is over county maintained, unpaved
roads, the applicant must maintain that section of the
hauling route during the debris hauling activity, and
security for this purpose may be required, as determined
by the county engineer. The provisions of section 934.09
of the county excavation and mining ordinance shall apply
to debris hauling activities associated with debris
burning facilities, in the same way saidprovisions apply
to excavated material hauling activities associated with
minina operations.
SECTION 2: Communications Transmission Towers
SECTION 2A: Section 901.03 is hereby amended to establish the
definition of "transmission tower", as follows:
Transmission tower: any structure on which an antenna is located,
and including the antenna and any structure functioniiiq as an
antenna Tower height shall be measured vertically from the
tower's ground elevation to the tower's highest point above the
ground, including the highest point of the antenna.
SECTION 2B: A portion of the "Utility" category of the Section
911.06(4) use table is hereby amended as follows:
A-1 A-2 A-3 RFD RS -1
1Transmission towers
Less than 70 feet in height P P P P
70-140 feet in height A A A A A
Over 140 feet in height S S S - -
1The requirements of section 917.06(11)1 of the Accessory Uses
and Structures Chapter, shall apply to towers. -
SECTION 2C: A portion of the "Utility" category of the section
911.07(4) use table is hereby amended to read as follows:
RS -2 RS -3 RS -6 RT -6
1Transmission Towers
Less than 70 feet in height P P P P
70-140 feet in height A A A A
Over 140 feet in height
1The requirements of section 917.06(11)1 of the Accessory Uses
and Structures Chapter, shall apply to towers.
SECTION 2D: A portion of the "Utility" category of the section
911.08(4) use table is hereby amended to read as follows:
1Transmission Towers
Less than 70 feet in height P P P P P
70-140 feet in height A A A A A
Over 140 feet in height _
1The requirements of section 917.06(11)1 of the Accessory Uses
and Structures Chapter, shall apply to towers.
SECTION 2E: A portion of the "Communications" category of the
section 911.10(4) use table is hereby amended to read as follows:
2Transmission Towers
Less than 70 feet in height
70-140 feet in height
Over 140 feet in height
ZThe requirements of section 917.06(11)1 of the Accessory Use
and Structures Chapter, shall apply to towers.
Coding: Words in Brem-• • type are deletions from existing law.
Words underlined are additions.
4
SECTION 2F: A portion of the "Utility" category of the section
911.09(4) use table is hereby established as follows:
RMH-6 RMH-8
!Transmission Towers
Less than 70 feet in height P P
70-140 feet in height A A
Over 140 feet in height
1The requirements of section 917.06(11), of the Accessory Uses
and Structures Chapter, shall apply to towers.
SECTION 2G: A "Utility" category of the section 911.12(4) use
table is hereby established as follows:
Con -1 Con -2 Con -3
Transmission Towers
Less than 70 feet in height = P P
70-140 feet in height = A A
Over 140 feet in height _
2The requirements of section 917.06(11)1 of the Accessory Uses
and Structures Chapter, shall apply to towers.
SECTION 2H: A portion of the section 911.13(2)(b) use table is
hereby established as follows:
R-BCID
!Transmission Towers
Less than 70 feet in height P
70-140 feet in height A
Over 140 feet in height
1The requirements of section 917.06(11), of the Accessory Uses
and Structures Chapter, shall apply to towers.
SECTION 2I: A portion of the section 911.13(3)(c) use table
"Utility" category is hereby established as follows:
!Transmission Towers
Less than 70 feet in height P
70-140 feet in height A
Over 140 feet in height
1The requirements of section 917.06(11), of the Accessory Uses
and Structures Chapter, shall apply to towers.
SECTION 2J: A portion of the section 911.13(4)(c) use table
"Transportation and Utility Uses" category is hereby established as
follows:
AIR -1
!Transmission Towers
Less than 70 feet in height P
70-140 feet in height A
Over 140 feet in height
The requirements of section 917.06(11), of the Accessory Uses
and Structures Chapter, shall apply to towers.
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
5
SECTION 2K: Section 917.06(11) is hereby amended to read as
follows:
so Comm .. - • •
measured the same as building height:
• - . . thirty-five (35) - -
have no location restrictions ai
....mow..,..,_,.
in heiaht
districts, towers must be accessory to an approves,
principal site use and shall meet standard building code
requirements for structures.
(C) Proposals for towers which are seventy (70) feet or
more in height 101163 16930• MeMUMMUNW1111 must be
reviewed as an administrative permit or special
exception use, as specified in Chapter 911 and Chapter
971.
(D) Towers shall meet the airport zoning ordinance
requirements (see section 911.17).
E • •. • • -• .• • •
• Additional requirements relating to towers may be
found in Chapter 911 912 and 971.
SECTION 2L: Section 912.15(4) is hereby amended to read as
follows:
HEAS- - -.
measured the same as building height.
• - . . thirty-five (35) - -
have no location restrictions an(
residential zoning districts, towers must be accessory to
an approved, principal site use and shall meet standard
building code requirements for structures.
Proposals for towers which are seventy (70) feet or
more in height . • • -• • • •
special
Chapter
Coding: Words in "1307M -• • type are deletions from existing law.
Words underlined are additions.
6
Towers shall meet the air ort zoninq ordinance
requirements (see section 911.17).
(e)Additional requirements relating to towers may be found
in Chapter 911, 917, and 971.
SECTION 2M: A portion of section 971.44(1) is hereby amended to
read as follows:
(1) Transmission towers seventy (70) feet or more in
height (radio, TV, and microwave) (administrative permit and
special exception).
(a) Districts requiring administrative permit approval,
(pursuant to the provisions of 971.04): Towers seventy
(70) feet to one hundred forty (140) feet: A-1, A-2, A-
31 RFD, RS -1, RS -21 RS -311 RS -61 RT -61 RM -31 RM -41 RMS
RM -8 RM -10 RMH-6 RMH-8 Con -2 Con -3 R-BCID AIR -1
ROSE -41 PRO, OCR, MED, CN, CL, CG, CH, IL, IG.
(b) Districts requiring special exception approval, (pursuant
to the provisions of 971.05): Towers over one hundred
forty (140) feet in height: A-11 A-21 A-31 IL, IG.
(c) Additional information requirements:
1. Applicant shall present documentation of the
possession of any required license by any federal,
state or local agency;
2. A site plan, pursuant to the requirements of
Chapter 914;
3. Additional.
• •n regarding requirements
relating to towersmay also be found in i •
• I. Chapters 911, 912, and 917.
(d) The following criteria must be used for administrative
permit and special exception uses:
All towers not related to amateur radio
communications use shall have setbacks from all
property lines equal to one hundred ten (110)
percent of the height of the proposed structure.
This setback provision may be waived or modified if
the applicant submits _a upon a recommendationby
m Q certified, signed and sealed statement from
a Florida registered professional engineer
stating U that the tower would collapse
within the designed and specified fall radius
depicted on the plans.
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
Towers related to amateur radio communication
use need only satisfy building setbacks for
the zoning district in which the tower is
located This less stringent setback
provision is in recognition of the FCC's PRB-1
preemption for amateur radio communications.
2. In m cases ® where the tower is not related to
amateur radio communications use, the fall radius
(one hundred ten (110) percent of the tower height
or other approved design fall radius) shall not
encroach upon existing off-site structures or
adjacent residentially designated property;
3. The distance of any guy anchorage or similar device
shall be at least five (5) feet from any
property line;
4. All accessory structures shall be subject to the
height restrictions provided in Accessory uses,
Chapter 917;
5. If more than two hundred twenty (220) voltage is
necessary for the operation of the facility and is
present in a ground grid or in the tower, signs
located every twenty (20) feet and attached to the
fence or wall shall display in large bold letters
the following: "HIGH VOLTAGE - DANGER";
6. No equipment, mobile or immobile, which is not used
in direct support of the transmission or relay
facility shall be stored or parked on the site
unless repairs to the facility are being made
(applies only on A-1! A-2, or A-3 zoned property);
7. No tower shall be permitted to encroach into or
through any established public or private airport
approach M path as provided in the airport
height limitations. All proposed towers shall
satisfy the airport zoning ordinance requirements.
Be Towers proposed to be located in the RFD, RS -1, RS -
21 RS -31 RS -61 RT -61 RM -31 RM -41 RM -61 RM -81 RM -101
RMH-6, RMH-8, Con -2, Con -31 R-BCID, AIR -1, and
ROSE -4 zoning districts shall be accessory to the
principal site use and shall meet standard building
code requirements for structures.
SECTION 3: Option for Reducing Golf Course Building Setback
Section 971.40(3) is hereby amended to read as follows:
(3) Golf courses and accessory facilities (administrative permit
and special exception).
(a) Districts requiring administrative permit approval, (pursuant
to the provisions of 971.04): A-11 A-21 A-3.
(b) Districts requiring special exception approval, (pursuant to
the provisions of 971.05): RFD, RS -1, RS -21 RS -31 RS -61 RT -6,
RM -31 RM -41 RM -81 RM -101 RMH-61 RMH-81 ROSE -41 RM -61 AIR -1.
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
8
(c) Additional information requirements:
1. The location and designation of all zoning and land use
designations abutting the site;
2. A site plan meeting the requirements of Chapter 914.
(d) Criteria for golf courses and accessory facilities:
1. Golf courses and accessory facilities shall not De
interpreted to include free-standing commercial miniature
golf courses and/or driving ranges or other unenclosed
commercial amusements;
F0
No major accessory use or principal building or structure
shall be located closer than one hundred (100) feet to
any lot line which abuts a residentially designated
property; however, the 100 foot setback may be reduced to
normal zoning district setbacks if the use of the
abutting residentially designated property is non-
residential (e.ge institutional, recreation, community
services uses) and if a type "B" buffer with 6' opaque
feature is provided between the building and structures
and the abutting residentially designated property.
3. Golf courses shall, to the most reasonable extent, retain
and preserve native vegetation over at least thirty (30)
percent of the total upland area of the course due to
their characteristically high water demand and heavy
nutrient loads;
4. The golf courses shall be designed so that any lighting
is shielded and directed away from residential areas;
5. Type "B" screening shall be provided between golf
maintenance facilities and adjacent residentially
designated property within two hundred (200) feet of the
golf maintenance facility.
SECTION 4: Group Homes in Mobile Home Districts
A. A portion of the "Institutional" category of the section
911.09(4) use table is hereby amended to read as follows:
Group home (level I)
Group home (level II
Group home (residential
& III)
center)
RMH-6 RMH-8
A P
S A
S S
Adult congregate living
facility
S A
(20 resident maximum)
Adult congregate living
facility
S S
(21+ residents)
Be Section 971.28(3)(a) and (b) are hereby amended to read as
follows:
(3) Group homes: Level I, II, and III, residential center, and
adult congregate living facility (ACLF) (administrative permit and
special exception).
(a) Districts requiring administrative permit approval, (pursuant
to the provisions of 971.04): Level I and ACLF (8' residents
maximum): RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RMH-6, AIR -1;
Level II, III, and ACLF (20 residents maximum): RM -8, RM -10L
RMH-8.
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
9
(b) Districts requiring special exception approval, (pursuant to
the provisions of 971.05):. Level II, III, and ACLF (20
residents maximum): RT -61 RM -31 RM -41 RM -61 RMH-6;
residential centers and ACLF (21+ residents): RM -31 RM -4, RM -
61 RM -81 RM -101 CL, CG, CH, RMH-61 RMH-8.
C. A portion of the "Institutional category of the section
911.08(4) use table is hereby amended to read as follows:
RM -3 RM -4 RM -6 RM -8 RM -10
Group homes (Residential centers) S S S P S S
Adult congregate living facility us us Is S S
(21+ residents)
SECTION 5: Clarification of Lot Widths and Setbacks on Flag Lots
and Lots on Curvilinear Streets and Cul-de-sacs
SECTION 5A. Section 901.03 is hereby amended to establish the
definition of "Flag lot", as follows:
Flag lot: a lot or parcel shaped such that the majority of lot
area does not front on a road right-of-way but is connected to a
road right-of-way by a strip of land narrower than the applicable
minimum lot width.
SECTION 5B. Section 901.03 is hereby amended to amend the
definition of "Lot width", as follows:
Lot width: the horizontal distance between side lot lines measured
at the required front yard • • • setback line alon a straight
line parallel to the front property line. • • •M - For lots
fronting on curvilinear streets or cul-de-sacs, the lot width shall
be the greatest horizontal distance between the side lot lines
measured along a straight line running parallel to the chord. For
flag lots, the lot width shall be the horizontal distance between
the side lot lines measured at the front yard setback line.
FRONTYARD SETBACK & LOT WIDTH FRONTYARD SETBACK & LOT WIDTH
FOR LOTS ON CURVILINEAR STREETS REGULATIONS FOR FLAG LOTS
OR CUL-DE-SACS
ROAD
"ftftft�/Chord line on curve
RAAD C. or cul-de-sac
Front yard setback
starts at front 20'
property line 1)�
'Front setback line/
LOT WIDTH; greatest distance
parallel to chord line
SECTION 5C. Section 901.03 is hereby
definition of "Setback", as follows:
Front yard setback measurement
starts where majority #
of lot area begins
J
20'-30'
Front Yard Setback line l
LOT WIDTH
(measured at front yard
setback line)
amended to amend the
Setback the minimum horizontal distance between the front, rear or
side lines of the lot and the front, rear or side lines of the
building including porches, carports, and accessory uses subject to
measured from the line where the ma
be
hP
narrow SLrlkfOI lana LnaL connects Lne lUt i.() raau d= ML .
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
10
0
SECTION 6A. Section 904.09(1) is hereby amended, as follows:
(1) When a parcel has an area smaller than the requirements of the
zoning district in which it is located, but was a parcel of record
when this regulation was adopted, the permitted use of the zoning
district will be allowed, providing all requirements, other than
minimum parcel size, are satisfied. This provision shall not be
construed to permit more than one dwelling unit on a parcel with
less parcel area per ® unit than required for the district in
which such parcel is located.
SECTION 6B. A portion of the size and dimension criteria table of
Section 911.07(7) is hereby amended, as follows:
Regulation Unit
Minimum lot width feet
00 :0 70 70
100 80 70 70
100
SECTION 6C. A portion of the size and dimension criteria table of
Section 911.07(7) is hereby amended as follows:
Regulation Unit RM -3 RM -4 RM -6 RM -8 RM -10
Minimum lot width
feet 80 80 70 70 70
. • � • - 11 11 11 1/ 11
SECTION 7: Construction of Walls and Fences in Easements
Section 917.06(12)(A) shall be modified as follows:
(12) Walls and fences.
(A) Generally. Fences and walls shall not be constructed on or
over any dedicated public drainage or utility easements or
public rights-of-way, except_
1. in agricultural districts where such walls and fences may
be authorized upon written consent of the public authority to
which the easement is dedicated, or
2. where a c
3. where public works department approval has been granted or
a right-of-way permit has been issued for placement of_a
structure(s) within an easement or riqht-of-way.
SECTION a. Coastal Development
SECTION 8A: Section 932.06(10) is hereby amended, as follows:
All pro'ects constructed between the Florida Department
of • Environmental Protection Coastal
Construction Control Line and the County Dune
Stabilization Setback Line shall demonstrate compliance
with thea FDEP Coastal Construction
Coding: Words in 162rowNsre • type are deletions from existing law.
Words underlined are additions.
11
-Family Duplex Development
SECTION
6. Clarification
of Single
and
on Single
Lots
SECTION 6A. Section 904.09(1) is hereby amended, as follows:
(1) When a parcel has an area smaller than the requirements of the
zoning district in which it is located, but was a parcel of record
when this regulation was adopted, the permitted use of the zoning
district will be allowed, providing all requirements, other than
minimum parcel size, are satisfied. This provision shall not be
construed to permit more than one dwelling unit on a parcel with
less parcel area per ® unit than required for the district in
which such parcel is located.
SECTION 6B. A portion of the size and dimension criteria table of
Section 911.07(7) is hereby amended, as follows:
Regulation Unit
Minimum lot width feet
00 :0 70 70
100 80 70 70
100
SECTION 6C. A portion of the size and dimension criteria table of
Section 911.07(7) is hereby amended as follows:
Regulation Unit RM -3 RM -4 RM -6 RM -8 RM -10
Minimum lot width
feet 80 80 70 70 70
. • � • - 11 11 11 1/ 11
SECTION 7: Construction of Walls and Fences in Easements
Section 917.06(12)(A) shall be modified as follows:
(12) Walls and fences.
(A) Generally. Fences and walls shall not be constructed on or
over any dedicated public drainage or utility easements or
public rights-of-way, except_
1. in agricultural districts where such walls and fences may
be authorized upon written consent of the public authority to
which the easement is dedicated, or
2. where a c
3. where public works department approval has been granted or
a right-of-way permit has been issued for placement of_a
structure(s) within an easement or riqht-of-way.
SECTION a. Coastal Development
SECTION 8A: Section 932.06(10) is hereby amended, as follows:
All pro'ects constructed between the Florida Department
of • Environmental Protection Coastal
Construction Control Line and the County Dune
Stabilization Setback Line shall demonstrate compliance
with thea FDEP Coastal Construction
Coding: Words in 162rowNsre • type are deletions from existing law.
Words underlined are additions.
11
Control Line regulations as established in Chapter 161,
Florida Statutes, and as specified in this chapter. In
addition, the standards for protecting dune vegetation,
as established, shall be satisfied.
(a) No building, excavation or man-made structure,
except approved dune crossover structures or
other similar minor structures as defined by
the Florida Department of •
Environmental Protection shall .be located
seaward of the County Dune Stabilization
Setback Line.
(b) All new development desiring beach access
shall be required to install, maintain and
utilize dune crossover structures as approved
by Indian River County and the Florida
Department of MIMS= I • ^ Environmental
Protection. Dune crossover design and
maintenance shall be in compliance with the
provisions set forth by the FDEP and all
applicable county regulations including the
following:
1. Dune crossovers shall be wood -pile
supported and elevated above the
dune vegetation; they shall be
elevated a minimum of twenty-four
(24) inches above .•- • -•- •
-. -
.I ..- rade in all areas
as measured to the bottom of the
walkway support members, with the
exception of access stairs and
ramps. Dune crossovers shall
generally be located perpendicular
to the shoreline where crossing
dunes. Covered or roofed viewing
areas shall not exceed twelve (12)
feet in height as measured from
mean crossover elevation to mean
height between the eaves and ridge
for sloped roofs, the highest point
for flat roofs, and the deck line of
mansard roofs.
SECTION 8B: Section 932.09(2) is hereby amended, as follows:
(2) New development. It is the policy of the Indian River
County board of county commissioners that no artificial
light illuminate any area of the beaches of
unincorporated Indian River County, Florida, during the
period of the year when sea turtles nest. To meet this
intent, building and electrical plans for construction of
single-family or multi -family dwellings, commercial or
other structures, parking lots, dune walkovers, and other
outdoor lighting for real property, if lighting
associated with such construction or development can be
seen from the beach, shall be in compliance with the
following.
(a) Floodlights shall be prohibited. Wall -mounted
light fixtures shall be fitted with hoods so
that no light illuminates the beach.
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Words underlined are additions.
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(b) Pole lights shall be shielded in such a way
that light will not illuminate areas other
than the specific property boundaries of the
subject site and shall not illuminate the
beach or dune area on the seaward side of the
pole. Outdoor lighting shall be held to the
minimum necessary for security and
convenience.
(c) Low -profile luminaries shall be used in
parking lots, and such lighting shall be
positioned so that no light illuminates the
beach.
(d) Dune crosswalks shall utilize low -profile
shielded luminaries.
(e) Lights on balconies shall be fitted with hoods
so that lights will not illuminate the beach.
Tinted or filmed glass shall be used in
(g) Temporary security lights at construction
sites shall not be mounted more than fifteen
(15) feet above the ground. Illumination from
the lights shall not spread beyond the
boundary of the property being developed, and
in no case shall those lights illuminate the
beach.
SECTION 8C: Section 932.09(4) is hereby amended to read as
follows:
(4) Existing Development
To meet the intent of this section, lighting of existing
structures which can be seen from the beach shall be in
compliance with the following:
(a) Lights illuminating buildings or associated
grounds for decorative or recreational
purposes shall be shielded or screened such
that they are not visible from the beach, or
turned off after 9:00 p.m. during the period
from IM March 1 to October 31 of each year.
(b) Lights illuminating dune crosswalks of any
areas oceanward of the dune line shall be
turned off after 9:00 p.m. during the period
from M March 1 to October 31 of each year.
(c) Security lighting shall be permitted
throughout the night so long as low -profile
luminaries are used and screened in such a way
that those lights do not illuminate the beach.
The use of motion detector switches are
encouraged.
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Words underlined are additions.
13
(d) Window treatments in windows facing the ocean
above the first f loorof single and multistory
structures are required so that interior
lights do not illuminate the beach. The use of
tint or film on windows or awnings is
preferred; however, the use of black -out
draperies or shade screens will suffice.
SECTION 9: Limited & Heavy Utilities Uses in Single Family
Zoning Districts
SECTION 9A: A portion of the "Utility" category of the section
911.07(4) use table is hereby amended to read as follows.
RS -2 RS -3 RS -6 RT -6
Limited public & private utilities I
S AS RS FS
Public & private utilities heavy S S S
SECTION 9B: Section 971.44(2)(a) is hereby amended to read as
follows:
(2) Utilities, public and private; heavy (special exception).
(a) Districts requiring special exception approval, (pursuant to
the provisions of 971.05): A-1, A-2, A-31 RFD, RS -1, RS -21
RS -31 RS -61 RT -61 RM -31 RM -4, RM -61 RM -81 RM -101 RMH-6, RMH-8,
CH, IL, IG.
SECTION 9C: Section 971.44(3)(a) & (b) is hereby amended to read
as follows.
(3) Utilities, public and private; limited (administrative permit
and special exception).
(a) Districts requiring administrative permit approval, (pursuant
to the provisions of 971.04): RMH-6,
RMH-81 OCR, MED, CN, CL, CG, CH, A-1, A-21 A-3.
(b) Districts requiring special exception approval, (pursuant to
the provisions of 971.05): RFD, RS -1, RS -21 RS -3, RS -61 RT -61
R-BCID, ROSE -41 RM -31 RM -41 RM -61 RM -81 RM -101 AIR -1, CRVP.
SECTION 10: REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the Board
of County Commissioners of Indian River County, Florida which
conflict with the provisions of this ordinance are hereby repealed
to the extent of such conflict. All Special Acts of the
legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 11: CODIFICATION
The provisions of this ordinance shall be incorporated into
the County Code and the word "Ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
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Words underlined are additions.
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SECTION 12: SEVERABILITY
If any section, part of a sentence, paragraph, phrase or word
of this ordinance is for any reason held to be unconstitutional,
inoperative or void, such holdings shall not affect the remaining
portions hereof and. it shall be construed to have been the
legislative intent to pass this ordinance without such
unconstitutional, invalid or inoperative part.
SECTION 13: EFFECTIVE DATE
The provisions o'f this ordinance shall become effective upon
receipt from the Florida Secretary of State of official
acknowledgement that this ordinance has been filed with the
Department of State of the State of Florida.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this r� day of j� n�,y
1994.
This ordinance was advertised in the Vero Beach Press -Journal on
the 8 day of December , 1993, and on the 30 day of
December , 1993, for public hearings to be held on the 14
day of uecFmber 1993, and on the 5 day of
January , 1994 at which time at the final hearing it was
moved for adoption by Commissioner Eggert , seconded
by Commissioner Macht and adopted by the
following vote;
Chairman John W., Tippin
Vice Chairman Ken Macht
Commissioner Fran B. Adams
Commissioner Richard N. Bird
Commissioner Carolyn K. Eggert
BOARD OF COUNTY C
OF INDIAN, RIVER, _Q.
ATTEST BY:
Lie to 4x•ey
Acknowledgement by the Department of State of'th "St
this 18th day of January 1994•
Aye
f Florida
Effective Date: Acknowledgement from the Department of State
received on this 21st day of January , 1994 at
10:00 A.M./$pa*. and filed in the office of the Clerk of the
Board of County Commissioners of Indian River County Florida.
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Words underlined are additions.
15
a . 9
APPROVED AS TO FORM AND LEGAL SUFFICIENCY.
William G oC llins, II, Deputy County Attorney
APP OVED AS TO PLANNING MATTERS
ZF
Robert M. Kdatin§ AIC
Community Developlent virector
u\c\s\8thrnd.ldr
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Words underlined are additions.
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